Does an expungement restore my rights?

In Louisiana, a person convicted of a felony may lose two very important rights: (1) the right to vote and (2) the right to possess a firearm.

Under new legislation passed in the last few years, a person convicted of a felony regains his right to vote automatically upon release from supervision. This means that as long as the person convicted of a felony is no longer in custody or on probation or parole, his right to vote has been restored. Because voter rolls are sometimes purged after a certain period of time, once the individual has been released from supervision, he should check with his local Registrar of Voters to ensure that he is registered to vote.

With regard to the right to possess a firearm, both Louisiana and the federal government have prohibitions against the possession of a firearm by a convicted felon.

In Louisiana, only certain charges criminalize the possession of a firearm by any person convicted of or found not guilty by reason of insanity for:

• Crimes of violence listed in La. R.S. 14:2(B) which are felonies;

• Simple Burglary;

• Burglary of a Pharmacy;

• Burglary of an Inhabited Dwelling;

• Unauthorized Entry of an Inhabited Dwelling;

• Felony Illegal Use of a Weapon or Dangerous Instrumentality;

• Manufacture or Possession of a Bomb;

• Possession of a Firearm While in the Possession of or During the Sale of Controlled Dangerous Substances;

• Any sex offense as defined in La. R.S. 15:541; or

• Any attempt to commit any of the above offenses.

(La. R.S. 14:95.1). This statute only prohibit such possession for 10 years from the completion of any sentence. After that 10-year-period, the right to possess a firearm is restored under Louisiana law.

Unfortunately, Federal law prohibits, with no restoration, the right to possess a firearm by anyone convicted of a felony under State or Federal law. As a result, no matter the above reinstatement, federal law will still prohibit the possession of a firearm by a convicted felon.

Although there has been some movement by the Louisiana legislature to amend state law regarding the possession of firearms by individuals who have expunged their records, the effect of those laws on the federal prohibition has not been tested.

The only guaranteed way to restore one’s gun rights under federal law is to apply for and receive a Governor’s Pardon With Restoration of Gun Rights.